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(영문) 전주지방법원 2013.07.05 2013노381

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The judgment on the grounds of appeal of this case is divided in depth with the recognition of the crime of this case, and there is no record of punishment heavier than the punishment or fine imposed for the same criminal conduct, and the amount of damage of this case is relatively small in amount to KRW 9,00,00,00, and the victim wishesed to take full account of the defendant's age, character and conduct, environment, criminal record, criminal record and other various sentencing conditions indicated in the records of this case, including the defendant's age, character and conduct, environment, criminal record and criminal record, the circumstances leading to the defendant's crime of this case, means and result, and the situation before and after the crime of this case, and thus, the court below's punishment is too excessive and unfair. Thus, the defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;